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unitednations

08-02 11:55 AM

I read this thread ONLY to not to miss any single word from US, no wonder.. his advises are indirectly helping many others like me in getting more understanding about what we are doing.. Long live UN(even chain smoke cant distroy you ;) )

Coming to my situatation, I came in July 2000, got job in Nov 2000. in 2002, I left for India to help my Dad who was hospitalized for Cancer. I came back in Dec'02 and have been on the payroll till today without fail.

Once when I am applying for a H4 for my spouse, the US consulate at India issued a 221(g) to give the details about "Why the employee was paid less then the LCA promised wages?" In fact the officer didnt check all of the paperwork submitted, I had shown that I used FMLA (Family Medical Leave Act) to assisit my Dad. My spouse went on the next day, pulled out the same letters and my Dad's hospital bills and Doctor letters etc and shown, and got the Visa approved..

So, folks who got their payroll significantly showing the gaps, please show the real reason, if you start covering up something, you will end up in the Original poster's spouse of this thread.

Once again, thanks UN... -Geek...

very good information. I just hope it isn't too late for people to put in the correct information into the forms.

I remember in my previous day job whenever there was a gray area that we were trying to exploit (could be Securities and Exchange Rules, IRS rules, etc.), all we had to do was convince ourselves and ourselves had the vested interest in getting a certain outcome. However; we always had to be ready for the next level if the regulatory bodies came asking that we had a reasonable basis for our conclusions.

Difference in most things is that the SEC and IRS do not "approve" your tax returns or financial statements. They may come and ask. However; immigration law; the onus on us is to prove that we are eligible for the benefit and have to prove it with every application. Everyone should be ready for the next level of scrutiny.

I had worked on a case where USCIS was trying to add up 20 i-140's for ability to pay and telling the company that they don't have the numbers for all those people. While we were working on this; we had to get ready for the possible outcome (ie., uscis going after the approved i-140's (44 of them) and the h-1b's. We responded to the 20 rfe's but had set it up that if uscis came asking about the others that the information we were showing in these responses would not contradict and would be sufficient if they came after the approved ones.

Well; after the rfe response; uscis did come after the approved cases and sent in the notice of intent to revoke the 44 approved cases (some were approved almost three years before). They all got re-approved but you have to be ready with all the evidence.

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mariner5555

03-23 11:04 PM

my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard. BTW - don't make a decision in a hurry - that would be pretty bad since it is almost irreversible for few years atleast. 4 of my friends brought a house and they are o.k. as of now except for the commute - though they admit that they are more tensed up now. one of my friend who brought a house 1 year back is cursing his decision to buy - I don't know if he is being honest or whether he chose a wrong house - these are the issues that he told me. his savings has gone down a lot as he has to pay much more for his house - atleast 3 times the rent amount (property taxes are high in his area). his commute is v.long now and he cannot come home for lunch - and because of long commute - he practically does not see his family on weekdays. his daughter has done free style painting on his walls and they had a crack on the walls (apparently he tried to reduce utility bills during extreme weather). his wife is now complaining that walking up and down the stairs is draining her strength. yardwork is literally breaking his back. his friend circle has gone down as he hardly gets time. more importantly he said his priorities were different and he wanted to make / save as much as possible etc - but buying a house has affected it. BTW he has a GC. ofcourse the above is one of the worst case. being on EAD is better than being on H1 - but still you are at the mercy of a govt agency (govt agencies are same all over the world - only here maybe they wear ties and don't watch TV at work - but then who knows :-)).

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gimme_GC2006

03-27 03:47 PM

AO? Adjudicating officer?

Good luck, keep us posted.

Yes..

Thank you :D

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USDream2Dust

04-05 05:03 PM

Fide_champ,

I am also looking for buying house in new jersey and as you mentioned all good places with good schools have hardly any effect from recession and housing down turn. But any way if you have to buy a house for long term then no point in waiting. The only thing bad times do to good places is value doesn't increase like it does in good times. Any suggestions on areas in New Jersey with good school and affordable (I mean something in 350-450k)? I know some very good areas where worst looking house starts at 700k which is out of scope.

USDream2Dust

jung.lee,

I do share the same concern as you. But after doing a little bit of research about housing in my area, i did figure out that housing in good school areas are always in demand. So it's probably more important than ever to buy in a good school district if anybody is buying. Moreover in NJ you hardly have any land left to build any new houses, so there are not a lot of houses on the market in some areas. I am kind of relieved a little to buy it in the area i am buying. The job losses are a concern though. Right now it's only in the financial field but it could affect other industries also. But it's still a cycle and everytime we see some recession looming, it's been advertised as the worst in recent history still people live and come thru it. Some suffer losses going thru it, some doesn't get affected. During last recession, people lost millions in stocks and some my own friends lost more then 50K and that is no better than the situation we are in right now. So why worry now?

Guys.. stay put for now.. Did you hear that home sales are up! All these media and those streaky economists and so called "housing experts" claiming in the news channels for past couple of weeks?.. that is media messing around with people's head.. I was looking at the public records for home sales and found that a huge portion of current homes sales are nothing but LOW END old homes between (75K to 150K).. Only a neglegable percentage are the ones between (200K and above). This is exactly what media doesn't speak about.. they conveniently skip this part when they report on home sales lately...

Its the gotcha guys.. now they started to increase price a bit.. banks are pushing up interest rates to create a scenario where people are made to believe soon, its going to be out of reach again.. so grab one now.. and get that $8000 credit for yourself.. What they are trying to do is, create an artificial demand.. We all know that it isn't going anywhere.. by Q409.. we will see the prices again going south.. only thing they can do is delay the natural correction during this summer.. Its going to happen any way.. and by end of fall into winter, it is highly expected to reach the floor and stabilize during 2010 spring and summer ( average price in the range of 4 times disposible annual income), if not further decline as we saw in certain areas of california and florida..

When you are in the market for a home, do not go by these general claims by media folks.. brokers and realtors who fake the confidence.. you will have to segment and compare the specs to sales price with in your choice of segment.. (such as..homes below 200K, between 200K to 300K, 300K to 400K and so on.) Public records are available online for almost all the counties in US, you can pull that up to see whats going on in your area before you jump into conclusion. This will give us a better feel of the market and even better, bargain opportunity.

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srkamath

07-13 02:04 PM

First off, we are here to get our GC faster so the effort is commendable. ...........

The old interpretation was too complex to be correct..... between 2000 and 2007 it resulted in EB-2 getting shortchanged. EB3 approvals were more than DOUBLE of EB2 during those years.

2000 - 2007 Average 33,000 EB2 / year 83,000 EB3 / year

There are simply too many EB3 cases compared to the visas available.

EB2 may have been less retrogressed the last 3 years if the DOS had interpreted the law correctly. Visa numbers were mean to - SPREAD OUT, THEN SPILLED OVER downwards.

Prior to April-08, i don't ever EB2 applicants complaining about getting shortchanged - they understand the pain of someone having to wait for a decade to get a GC and probably didn't mind getting shortchanged.

Again - this is not about fairness, justice, merits of the applicants. It is about giving US employers the ability to fill posts when & where Americans are not available or willing.

Would you??? of course not.... The provision defeats the purpose of whole whistle blower clause...

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lfwf

08-06 02:50 PM

But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.

Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.

Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.

To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!

Also, just like you, I have no personal gain from this, one way or the other :-)

I have desisted from posting here because all people do is give hystero-emotonal resposnses ranging from "advanced degree means nothing in law' to "his parents must have waived him goodbye". However recently I see some sane posts that actually consider the issues rather than the rhetoric and I feel constrained to point out that you are wrong.

1. I cannot judge the merits of a lawsuit but the "equivelance" of an advanced degree is set at 5 years by regulation not law. That can be challenged in court. Again- I don't know if it will be thrown out, but it can be challenged all right. It would satisfy the goal of OP, whose primary grouse was with people who do not qualify initially for EB2, using the 5 years to both jump to EB2 and preserve their PD.

2. The employment based system is actually stratified by "merit" or" "level of job difficulty" (rightly or wrongly so- that's a separate issue). So they are not different things. The preference categories are set up so that it's easist to qualify for EB3 and toughest for EB1. Therefore the jump that BS +5 takes to EB2 already gives them the advantage of a better cut off date in a smaller category. The PD porting magnifies that to the extent that genuine (adding this to avoid renewed attacks on the terrible things EB2 folks do to qualify) original EB2 filers are left at a huge disadvantage. I asked repeatedly why people who spent the same years getting adavanced education should be left behind. No one addressed that, instead gave me alternative sob stories about being wrongly placed in EB3. Two wrongs do not make a right! And I (at least) am not challenging the rights of people who initially could have qualified for an EB2 to port.

And if its a free country OP has every right to question the regulation. Why have fits over it? How about analysing the issue itself instead and figuring out it's strengths and weaknesses? Do you think USCIS or Congress care that your attorney "made you file EB3"?

3. EB2 NIW still gives you a PD only AFTER you complete your advanced education and prove yourself exceptional. Still the same EB2 line. EB1 similarly gives you a PD much later- of course for now it does not matter since its current- if it backlogs, expect the same questions from them.

I fear this thread is fodder for anti immigrants. Virtually every EB3 here has questioned "most EB2's" classification and accused all of us of some kind of fraud. Really guys, be ashamed.

Are Young College Grads Too Lazy to Work? (http://economix.blogs.nytimes.com/2011/05/19/are-young-college-grads-too-lazy-to-work/) By CATHERINE RAMPELL | New York Times

I�ve received a lot of passionate (and angry) e-mails in response to my article (http://www.nytimes.com/2011/05/19/business/economy/19grads.html) today on the employment fate of recent college graduates. While the messages from young people almost uniformly expressed frustration at the job market they�d been thrust into, some of the e-mails from older readers argued that today�s college graduates were having trouble finding jobs because they hadn�t worked hard enough. For example, a reader named Norman Berger asks why graduates wonder why they prove worthless to a potential employer when they follow this approach:

Take �soft� subjects, be lulled into complacency by grade inflation, have teachers who are tenured and don�t care how rigorously you think, start partying on Wednesdays, take 3-4 courses per semester/quarter and spend 5-6 years to graduate, study six hours per week (at best), believe in all of the liberal causes which produce soft qualative rather than quantative thinking, learn to hate the capitalistic system, don�t care when you get out of school that you�ll still be living at home, etc �

As we�ve written before, today�s college students do indeed spend less time studying (http://papers.nber.org/papers/w15954), and get higher grades, than their counterparts from a generation ago did. And most young graduates are leaning heavily on their family for financial support. More than one in five are living with their parents or other relatives, and many are getting help from family members for other expenses, as shown in the chart below.

But today�s college students also have spent a lot of time working, well before graduation.

Sixty percent of the graduates of the college classes of 2006 through 2010 said they held a part-time job while enrolled in school, not including jobs held during the summer or between semesters. Another 23 percent said they were working full time or both full and part time during school, according to a new study released by Rutgers.

For 44 percent of students, work or personal savings helped finance their schooling.

�Based on the finding that young people overwhelmingly were working in college, I don�t think this is a generation of slackers,� said Carl Van Horn, a labor economist at Rutgers and co-author of the study. �This image of the kid who goes off and skis in Colorado, I don�t think that�s the correct image. Today�s young people are very focused on trying to work hard and to get ahead.�

Tuition Skyrockets -- While Learning Plummets (http://www.realclearpolitics.com/articles/2011/05/20/tuition_skyrockets_--_while_learning_plummets_109937.html) By Rich Lowry | New York Post Where are the jobs? (http://www.washingtonpost.com/wp-srv/special/business/unemployment-where-are-the-jobs/) Washington Post The Rise of the Five-Year Four-Year Degree (http://economix.blogs.nytimes.com/2011/05/20/the-rise-of-the-five-year-four-year-degree/) By Judith Scott-Clayton | Economix Are Talent Acquisitions a Sign of a New Bubble? (http://bits.blogs.nytimes.com/2011/05/18/are-talent-acquisitions-a-sign-of-a-new-bubble/) By MIGUEL HELFT | New York Times

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axp817

03-25 03:31 PM

I know many people think about it but they don't have the kahunas to actually execute it. I am not aware of anyone who has tried it and was open about it with uscis.

In my case when my 485 was pending I went self employment route. I had to give updated g-325a to show employmnet history and I put it right there for officer to see at local office interview. He actually made an astonishing face and I told him that it was allowed and 485 was pending and I can do what I wish during this time. I also told him that I was not my ac21 employer I was just doing this while 485 was pending and I was porting to another job after my 485 was approved. I gave him offer letter and company tax returns from the ac21 employer that I hadn't joined yet.

Thank you, that is helpful information, although I was talking about a situation where you are self-employed while in AOS, and intend to stay self employed even after your 485 is approved. Self employment being your 'AC21 employer' essentially.

Human sheild, hiding in hospital, hiding in mosques, hiding in school - All are big lie and bullshit. Just to justify the killing of innocent lives.

hey dude. just a few posts back, you mentioned that cnn and fox are mouthpieces of a vast jewish conspriacy. and now you have no qualms in using CNN to justify another argument you are making. so i guess it's ok to switch sides in the middle of an argument? i'm not trying to demean you, but you sure have me confused now.

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JunRN

09-26 02:39 PM

Everyone say "H1b is not good we want more GC". Then the whole thing moves towards a new points based system and everyone will support it saying - this will ensure US will have best and brightest. What happens to us???? We will be ignored

If ever point based system becomes a law, those who already filed for EB GC will not be affected. New applicants will be affected and I think point-based system is better than the current. It follows FIFO strictly so you know exactly when your case will be adjudicated.

Would you??? of course not.... The provision defeats the purpose of whole whistle blower clause...

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BharatPremi

03-27 05:20 PM

what is LTV ratio ? I guess DTI is debt to income ? I agree with all the above ..so if u have a house and can refi ..good. have a GC and u get a good deal- good. EAD in these shaky conditions - not so good. one thing is for certain - in our life time, most likely we will never see such price appreciations. maybe appreciations of 4 percent ..which is effectively 1 % appreciation - if inflation is 3%).

LTV - Loan To Value ratio. For an example, the home you want to buy is in the market for 500,000/- You can have 400,000/- maximum as a "First Mortgage" and that is 80%. That is the limit Governmanet has put on first mortgage and applicbale to all loans Confirming/FHA/ARMs etc..

Note: Since last 15 days amny lenders have started new ball game, If LTV is crossing 70%, the charge "Delievry Fees" which is equivalent to 1/2 point.

Now your first and second loans should not exceed 90% combinely inmost cases and in case of FHA loans that is allowed till 95% limit. 100% loan days are completely gone now.

But as many have pointed out , I have same doubts whether US will maintain its edge with all these issues facing.

Coming on to GC , its a mess already .. Dates even might retrogress more :-( but with new admin and initiatives like CIR07 if it passes again I dont what situation we might face.

Let us give Obama a chance and see what he does� We are already in deep shit and nothing worse can happen

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485Mbe4001

09-29 06:22 PM

So you are ok with "colateral damage" to your GC ? I have never seen a school force creationism on a child, as for reading its the same everywhere (i remember in india my catholic shool was at pains to teach us that Ramayan was a legend...i didnt change my religion because of that). How many wars were fought during regans adminstration? Do you remember the tax rate during the Carter years? people were shelling out 17% on home loans while banks were paying 13% interest on their CD's. Media driven pontification is ok as long as you can substantiate them with valid reasoning. (Clinton years were good for us but some say that it laid the foundation for the dot com crisis, which lead to easy credit and so on)

I have been here since 1997. An Obama win may just restore my faith (which was severely damaged after Bush relection) in the average intelligence of a voter.

I know that chances of passing of a bill favorable to skilled immigrants are greater with Republicans, but there are other issues far more important to me. For e.g. with a Republican win, the chances of "collateral damage" (deaths of innocent abroad) increase tremendously. I do not want that to be funded through my tax money. Neither do i want my child to read about "creationism" in school (despite paying for all that private school fees!). These issues are more important to me than tax cuts or getting a green card sooner. just my two thoughts...

If there is a contest for the best entry, this one gets my vote. But, there is a subtlety that seems to be missed here. Monkeys are mostly brain, whereas lions are all brawn (we are a lot closer to monkeys in our genetic makeup!). So, looking at it from that angle, and in the context of what we are trying to achieve here in US, who would we rather be :)

This subtlety does not matter. From USCIS point of view, if you entered on Lion Visa you are a Lion, if you came in on Monkey visa you are a monkey. These visas are not based on your genetic makeup, but on the fact that under what category your zoo (employer) filed your visa. Otherwise how come monkeys interfiled and became Lion?? :D:D

My understanding H1 B employers (mostly desi companies) are root cause of this situation by abusing H1 b program, they have made enough money by sucking H1 employees blood, now hey are equally affected it is time for them to share some of it and fund all the efforts to curb these kind of Bills.

Please forward the text of this bill to all your employers and ask them to join hands with IV.

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Dhundhun

07-14 06:14 AM

This letter is NOT good for the community. PERIOD.

I agree with your comment. I read through various posting and rational behind that. This EB2/EB3 stuff has revived memories of worst times. And clearly I remember two other unofficial catagories.

Delayed: I see people at least got EB3 catagory. Several people were delayed by employer for couple of years and then by lawyers (I am one of victim).

Returned: Several guys returned back, they could have easily been in various EBs catagories.

Do you guys think delayed and returned should also rise up in addition to EB3? Or let these groups be perished in times.

sri1309

12-18 05:53 PM

PLEASE dont post any threads unrelated to immigration here. Can the moderators please delete this thread. I see hardly a post a day on important ones like change.gov, and loooks like we have time to get into these.. Please..

puddonhead

06-07 06:22 PM

I think it really is a matter of personal choice. A house is much more than a mere investment. For people like us it adds another layer of complications due to our status (or rather...lack of status).

We are in Bay Area (San Jose Metro area) and were paying around $2000 in rent. We just bought a condo where our payments (mortgage + Taxes + HoA) are going to be around 2300. Hopefully we will be getting back around 400-500 in taxes and this makes it a good deal. However only 15 days after moving into our new house, I was laid off and now our biggest concern is if I am not able to get a job in next few weeks and if we have to go back we will be almost 80k down the hole.

Personally I would wait till 2012 beginning to consider getting into Cali, Las Vegas, Florida markets. The neg-am/interest-only bubble (BusinessWeek Article (http://www.businessweek.com/lifestyle/content/jun2008/bw2008065_526168.htm?campaign_id=yhoo)) is just beginning to burst with their interest rates resetting, and wont peak until late 2011. This bubble is just as big as the sub-prime one (in terms of dollar value - around USD 0.5 - 1.5 Trillion) and will probably have much higher default rate (north of 50% by all estimates I have seen so far). These loans were originated to make the high priced homes in these area affordable. So it will hit the middle class to aspirational neighborhoods the most - unlike the sub-primes, which mostly hit the lower income areas.

I don't mean to sound disheartening - just want to provide info and interpretation as I see it so that people can avoid getting into this trap.

Personally, I am also surprised/uncomfortable that the prices in the NY Metro Area has not come down so much even though all the indicators (rent/price ratio, affordability) are way off base and getting worse with rents heading south. I don't know how these ratios will correct themselves (the neg-am mess is unlikely to hit this area too much) - but my intuition tells me that it has to. If anybody more knowledgeable can add more insights then that will be great.